Sri Suresh Narayanappa Vs Smt Sandya B S — Child Custody and Guardianship | Karnataka HC (2025)

Sri Suresh Narayanappa Vs Smt Sandya B S — Child Custody and Guardianship | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Transfer of M.C.No.888/2024 from the Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru to the Court of I Additional Judge, Family Court, Bengaluru, to be tried and disposed of along with G and WC No.88/2024, with records to be transmitted within one week and parties to appear before the transferee court on 20.02.2025.

Issue for consideration

Whether M.C.No.888/2024 (divorce petition filed by the petitioner), pending before the I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru, should be transferred to the Court of I Additional Judge, Family Court, Bengaluru, to be tried and disposed of along with the guardianship/custody case G and WC No.88/2024.

Ratio / Principle

Having considered the grounds urged, the Court held that, for the sake of convenience to the parties and for expeditious disposal of both the cases, it would be wholly justifiable to effect the transfer as prayed for.

Key takeaways

M.C.No.888/2024 pending before the Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru is withdrawn and transferred to the Court of I Additional Judge, Family Court, Bengaluru.ratio¶34
The Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru is directed to transmit the entire records in M.C.No.888/2024, duly indexed, to the Court of I Additional Judge, Family Court, Bengaluru within one week from the date of receipt of a copy of the order.ratio¶35

Detailed headnote1 paragraphs

Transfer petition under Section 24 of the Code of Civil Procedure, 1908, allowed. The petitioner (husband) sought transfer of his divorce petition M.C.No.888/2024, pending before the Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru, to the Court of I Additional Judge, Family Court, Bengaluru, where the respondent's (wife's) custody petition under the Guardians and Wards Act (G and WC No.88/2024) was already pending. The respondent raised no objection to the transfer. Holding that, for the convenience of the parties and for expeditious disposal of both cases, the transfer was wholly justifiable, the Court withdrew M.C.No.888/2024 and transferred it to the Family Court, directed the transferring court to transmit the entire indexed records within one week, and directed both parties to appear before the Family Court on 20.02.2025 with no further notice. No precedent was cited; the order is a short oral order disposing of the petition on consent.

1 - NC: 2025:KHC:438 CP No. 498 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CIVIL PETITION NO. 498 OF 2024

BETWEEN:

SRI. SURESH NARAYANAPPA S/O NARAYANAPPA, AGED ABOUT 47 YEARS, R/AT NO. 17, NAVARUTHU, CHAITANYA GREENFORD 1, SEEGEHALLI, WHITEFIELD, BENGALURU - 560 067.

…PETITIONER

(BY SMT. SHWETHA RAVISHANKAR,ADVOCATE)

AND:

Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

SMT. SANDYA B. S., W/O SURESH NARAYANAPPA, AGED ABOUT 38 YEARS, R/AT NO. 310, GEETHA ROAD, NEAR REDDY CHOULTRY, ROBERTSONPET, KGF-563 122.

…RESPONDENT

(BY SRI. SUJAYEENDRA S.,ADVOCATE)

THIS CIVIL PETITION FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER M.C.NO.888/2024, CURRENTLY PENDING BEFORE THE HONBLE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU TO THE HONBLE I ADDITIONAL JUDGE, FAMILY COURT, BENGALURU CITY, TO TRIED AND DISPOSED OF LONG WITH G AND WC NO.88/2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

2 - NC: 2025:KHC:438 CP No. 498 of 2024

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Smt.Shwetha Ravishankar, learned counsel for the petitioner as well as Sri.Sujayeendra.S, learned counsel for the respondent.

This is a petition filed under Section 24 of Code of Civil Procedure seeking the Court to transfer M.C.No.888/2024 which is pending before the Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru to the Court of I Additional Judge, Family Court, Bengaluru.

Learned counsel for the petitioner states that the petitioner and the respondent are husband and wife. Learned counsel states that seeking the custody of their child, the respondent filed a petition under Guardians and Wards Act and the same is pending before the Court of I Additional Judge, Family Court, Bengaluru. The petitioner herein filed the petition seeking divorce vide

3 - NC: 2025:KHC:438 CP No. 498 of 2024

M.C.No.888/2024 and the same is pending before the Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru. Learned counsel submits that as both the cases arose out of the same set of facts, it would be convenient to the Court as well as to the parties in case both the cases are tried at the same Court and are disposed of simultaneously. Learned counsel thereby seeks to transfer the divorce petition filed by the petitioner to the Court where the custody petition is pending.

Sri.Sujayeendra.S, learned counsel for the

respondent states that the respondent has no objection to effect such transfer.

Having considered the grounds urged, this

Court is of the view that for the sake of convenience to the parties and for expeditious disposal of both the cases, it would be wholly justifiable to effect transfer as prayed for.

Thus the following:

ORDER

(i) The Petition is allowed.

4 -

NC: 2025:KHC:438 CP No. 498 of 2024

(ii) M.C.No.888/2024 which is pending before the Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru is withdrawn and transferred to the Court of I Additional Judge, Family Court, Bengaluru.

(iii) The Court of I Additional Senior Civil Judge, Bengaluru Rural, Bengaluru is directed to transmit the entire records in M.C.No.888/2024 duly indexed to the Court of I Additional Judge, Family Court, Bengaluru within one week from the date of receipt of copy of this order.

(iv) Both the parties are directed to make their appearance before the Court of I Additional Judge, Family Court, Bengaluru on 20.02.2025. No further notice is required to be issued to the parties.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

NS CT:TSM List No.: 1 Sl No.: 5